Archive for the ‘Business Law’ Category

Unfortunately, one mishap could cost you dearly in your bid to reach the top. Thankfully, keeping your company in perfect shape needn’t be as daunting as you might fear. Use the five questions below for guidance, and your financial and legal protection should never come under threat.

Have I Taken The Necessary Precautions?

Protecting your business isn’t just about physical assets. In truth, your intellectual property is often more valuable than equipment and other items. Registering trademarks, ideas, and branding elements are all vital elements of the operation.

You are the only business that should benefit from that hard work. Sadly, failure to protect yourself at the earliest stage possible could leave you open to victimization. Even if you do eventually rectify the issues, the time and hassle of chasing justice can be a business nightmare. As they say, it’s better to be safe than sorry.

Am I Being Mistreated?

As part of those precautions, you will have taken out suitable business insurance. In an ideal world, you’ll never need to use it. But if you do, it’s imperative that you gain the compensation you deserve.

Many mistreated entrepreneurs will accept an inadequate payout. Should your insurer go against their side of the deal, they are breaking the contract. It’s all in black and white, so you are well within your right to push for your entitlement. In most cases, they’ll soon cave once realizing you aren’t prepared to bow down.

Does A Situation Require Expert Help?

There are times in business where issues can be solved internally. However, with so much money at stake, legal action will be required. Those situations could involve employees, customers, or other businesses. In any scenario, getting the best verdict is your only option.

The reality is that professionals like Pearce Webster Lawyers will be needed to do this. Let’s face it; an experienced attorney in business law will represent your case in a far more effective manner. Besides, taking on the challenge yourself will distract you from work.

Have The Financial Obligations Been Respected?

Paying business taxes is undoubtedly one of the worst aspects of running a company. Unfortunately, they’re unavoidable, so ensuring that everything is above board is key. Frankly, making a mistake is the last thing you want to do.

Monitoring financial situations is easier than ever, especially with Apps like 1Tap Receipts. Nevertheless, hiring an accountant should be considered compulsory. Not only will it provide the emotional security of knowing things have been filed properly, but it will often save you time and money in the long run too.

Are My Services 100% Honest?

As a business, you need to conduct your work with transparency. Misleading clients or providing inaccurate information can quickly come back to bite you. Likewise, you must be sure that anything you say or do is free from libel or scandal.

Aside from the financial fallout of facing a legal battle, those issues could damage the company’s reputation. Worse still, bouncing back from that episode could prove impossible.

There are many kinds of insurance, and there is no limit to the amount of things you can insure if you want to. However, there are some basic things which ties all kinds of insurance together. One example of this is the existence of a contract. No matter what insurance you get, there will be a contract signed between you and the insurer. This is true whether you are talking about car insurance, home insurance or even holiday insurance. Of course, contracts are a binding legal document. As such, if either party breaks it, they are in effect breaking the law. However, sometimes it is the insurance company which breaks a contract. This occurs more often than you probably think. The truth is, insurers do not always live up to their own contracts. But what can you do if you discover that your insurance provider has broken the contract? And how do you know that it has happened? To answer these questions, we have put together this short post.

There are many ways in which an insurer can fail to hold up their side of the contract. One such example is if they unreasonably stall on making a decision for an extended period of time. It can be difficult, as a layperson, to know whether a sufficient amount of time has passed or not to warrant this. That’s why it is always worth hiring a solicitor to look into the matter for you. However, if you feel that the claim has gone on for too long and needlessly, then always speak to the insurance provider first. They might have a reasonable explanation.

Denying A Legitimate Claim

If your insurer denies a claim which it knows to be genuine and above board, then that is a clear example of insurance bad faith. Doing so is a breach of the contract and a serious offence. As such, in these circumstances, you should always hire a lawyer to investigate matters for you. Of course, it might not always be immediately clear whether the insurer was aware that the claim was genuine or not. Either way, it is probably worth looking into, as it does happen from time to time. You never know what is going on behind closed doors, so it might be worth investigating. Seek legal help if you do decide to do this.

A normal part of any insurance claim is that they will ask you for evidence that your claim is genuine. As an example, let’s take travel insurance. If you say your flight was cancelled, disabling you from travelling, then your insurer will ask for evidence of the cancelled flight. This is a measure to curtail insurance fraud, and it is good practice. However, it might sometimes be the case that an insurer asks you for an unreasonable amount of evidence. Alternatively, they might harass you about matters which are not entirely relevant to the claim. If this happens, then they might be breaching the contract, and you should seek legal advice.

Managing confidentiality is one of the most important aspects of owning a business. You have business information to keep private. And you also need to protect your employees and your clients. There are laws you need to follow in some instances to ensure that personal information is never released to the wrong people. If relevant information isn’t kept private, it can do more than run you afoul of the law. Your competitors could also get hold of information you don’t want them to know. That certainly wouldn’t be good for business. Sometimes, sharing information can be useful, but you have to ensure you do it lawfully.

Information You Need to Protect

There is some information that you may have to protect by law. One area covered by federal law is medical and disability information for your employees. The Americans with Disabilities Act (ADA) ensures the privacy of this information. It must be kept among those who need to know it. They could be supervisors, safety officers or perhaps human resources. If your business is a healthcare provider, you also have to follow HIPAA. This regulates the protection of data on the health of your clients or employees. Many states also have laws governing the personal information of your staff. They prevent the disclosure of things such as their social security number.

Consulting with a Lawyer

If you need to create a confidentiality policy, it can be a good idea to consult with an attorney. Law firms specializing in employment and business law can offer you the expertise you need. They can assist with how best to protect the information you need to keep confidential. They can also offer advice on sharing information without breaking any regulations. A lawyer can also help you draw up non-disclosure agreements for your employees. And they can assist with creating privacy policies for both staff and customers.

Protecting Information

There are many ways you can and should ensure that sensitive information remains private. Some of them are simple ways of organizing your office. Others involve more complicated systems. For example, keeping medical information separate from everything else is good practice. Confidential information should be stored properly and also destroyed properly. Employees should be given rules on how to protect sensitive information. For example, they should know not to send it via email or discuss it in the open. You should also ensure that computer security is tight to protect anything store digitally.

Employee Confidentiality Agreements

You will likely also have business information you don’t want to reveal to your competitors or the public. Many companies ask their staff to sign non-disclosure agreements when they take the job. These help to protect trade secrets. They ensure your business can maintain a competitive edge. They’re vital to many enterprises. So consider whether you need to have your employees sign one.

Confidentiality is a necessary thing to handle within your business, but it can be complicated. If you want to get it right, working with a lawyer can help you.

No matter how small your business is, your company will need legal help at some point. Not only will hiring a lawyer protect you against expensive lawsuits, but they will also be able to give you help when you need it. While many startup businesses won’t even consider getting a lawyer in until they need one, it is advisable that they do. Here are several reasons why.

It costs less in the long-term

Having a business lawyer you can call on is cost-effective. Every company in the world will need substantial legal advice at some point. So, if you have someone on hand that already understands and knows your business, you will cut out a lot of the needless legal costs. You won’t need to pay a consultancy fee, or have to waste time – and money – taking hours to explain what you do. Your lawyer will know you well, and will also have a legal contacts book that he can use for particular situations.

It protects you and your business

It only takes a simple accident to ruin your business – and this is especially true if you have a small company or are a one-man band. According to solicitors Wilson Browne, a good lawyer should work on a preventable strategy, rather than a reactive one. That means giving you the right advice on everything from drawing up contracts, to providing a safe workspace. Because the law is so complicated, without that legal help, there is an excellent chance that you will make a mistake. As with many other things in life, it is better to be safe than sorry when your business is at stake.

Unfortunately, when your company runs into legal problems, they are very rarely expected. One minute you could be toasting your lucky month in sales, and the next you could be facing disaster from an employee lawsuit. Acting quickly is, of course, important here. So, by having your lawyer a phone call away already, they will be ready to get moving as soon as you need them.

It shows that you have integrity

If your business is run well and takes on board its legal duties, then it’s something to shout about. People will appreciate that you take your responsibilities properly. You could become renowned as a great company to work for and to do business with. People like to be safe when they buy things. Knowing that you are the sensible choice can often make the difference between you and your competitors.

Contracts are a pain

Keeping on top of your contracts is a tough task, especially when you don’t have the time. Think about the number of contracts you will get through as a company. You will make them with customers, suppliers, employees, and everyone else you come into contact with. And the worst thing? Everyone will be a little different. Having a lawyer on hand at all times is only going to help you. In our view, you’d be mad to discount it!

If you believe that your employer has breached one of their contractual or other legal duties, you may be considering taking legal action against them. There can be a lot of effort and money involved and potential disruption to your life by raising a claim. So, it is important that you put careful thought into making this decision. To help you get started, here is some useful information on what to do if you are considering suing your employer.

Read your employment contract carefully

Make sure you are clear about the rights that you believe your employer has breached. Contracts are not always clear and straightforward, especially for non-lawyers. Therefore, it can be helpful to seek legal advice to confirm that you have understood the contract. You should also make yourself familiar with your employer’s policy on complaints, in case you decide to raise one.

Make detailed notes

Without evidence to back up your claim, it could end up being your word against your employers. It’s a very good idea to take detailed notes whenever an incident occurs in the workplace that you are concerned about. Make sure you date your notes and be as detailed as you can about what happened.

Lodge your complaint

At this point, if you are convinced you should complain, make it official with your employer’s human resources department. HR will take all the evidence and conduct interviews in order to investigate your complaint. With the help of HR, you might be able to resolve the problem with your employer. On the other hand, you complaint might not be dealt with in a way that you are satisfied with. If this is the case, you may decide to take legal action.

An experienced lawyer can assist you in various ways. They’ll help you understand the law surrounding the situation, explain whether they think you have a case and if so, represent you before a tribunal or court. When choosing a law firm to approach, it is advisable that you look at their experience. For example, if you wish to raise an asbestos claim against your employer, you’ll want to find a law firm that has excellent knowledge and experience in these matters. (more…)

If you have recently been fired, no matter what the reason for this is, there are several important things you should do in order to manage the situation in the best way possible. Let’s take a look at the essential things to do if your role has been terminated.

Stay calm and always remain professional. In most cases, employees feel confused, angry and hurt following notification that they are being fired. These emotions can lead you to lash out at in response to this news. We know it’s difficult, but it is very important to stay calm and professional during this process. Otherwise, you might end up making the situation much worse. It often helps to take some time out before you respond, in order to calm down and to think logically about your next steps.

Speak to a lawyer. If you believe you have been unfairly dismissed, you may be able to take legal action against your previous employer. If this applies to you, you should seek employment law advice from a qualified and reputable lawyer. There is also a wealth of information online about the legal process following an unfair dismissal. However, make sure you only take advice from reputable sources.

Negotiate with your boss. Just because you have been fired, that doesn’t mean you don’t have any bargaining power. If you think you deserve a better deal, you can attempt to negotiate on severance pay, the amount of notice and other terms. If you are concerned at all about the termination agreement, you can seek advice from an employment law professional before signing.

Inquire about references. Find out from your previous employer whether they are willing to provide you with a reference for future roles. If they are, confirm with them that they will be using neutral language to explain your departure. This will avoid scaring off potential new employers.

You probably use the Internet in your daily life. In fact, there are few people in the world who don’t use this medium. When you use the internet, though, you might be unaware of a great many rules that govern it. You might be naive and think that it doesn’t matter what you do online; that the net is somehow above any laws. That is far from true. If anything, there are more laws online than you might expect.

Understanding the legislation when it comes to the internet is vital. If you have no idea what the laws are when it comes to the online world, you could easily break the law. Worse still, you may not realize it when people infringe on your personal rights. If you want to make sure that you do what is best for you and, in some cases, your business, you need to educate yourself. The more you know about the internet, the more you can do online without fear. Here is everything you ought to know about internet law.

How can you protect your privacy?

Your privacy online is integral to your freedom. As it stands at the moment, you have the right to private communications via the internet. You should also be aware of hackers who attempt to violate your privacy by getting into your private devices. If you use cloud software, you should read the terms and conditions to ensure that you understand the policy. You can’t be sure that you have ultimate privacy until you read the small print. You should speak to a criminal lawyer about this issue, if you want more information.

Social media accounts

If you happen to use social media, you need to make sure that you are careful about what you put up online. In some cases, the forum will own any content that you publish on it. For example, when you submit imagery to Facebook, you lease the copyright of the photos to the site. That means that, should they wish to do so, Facebook officials can access and use your photos. If you have photos that you want to keep private, don’t post them online.

Intellectual property

You should by now be aware of the Digital Millennium Copyright Act. The Act governs the online world when it comes to intellectual property. If someone uses your copyrighted creative work without your permission, you can invoke this law to have them take it down. You would probably need the help of a specialist internet lawyer if you wanted to do so. The law stops people copying your work without asking you first. You have a duty to protect your intellectual property, or it becomes worthless.

E-commerce rules

When it comes to e-commerce, the rules are far more straight forward. If someone uses a fake credit card on your site, they are breaking the law. That is the same as them using a false card over the counter. You ought to be aware of this when you are selling things online. You can get the authorities involved in a case when you believe someone is breaking the law. Again, you should consult an expert for advice before you do anything. That way, you can make an informed decision about what steps you need to take next.

Further education

It is important that you learn about this area of the law. Online functions are becoming ever-popular in both personal and business practices. That is why it is so crucial that you know what laws apply to you when you use the internet. You might think that it doesn’t matter whether you understand this area, but it does. Spend some time looking online to see what you can find.